Statutory Instruments
SOCIAL SECURITY
COMMUNITY CHARGES, ENGLAND AND WALES
COMMUNITY CHARGES, SCOTLAND
Made
10th September 1996
Laid before Parliament
16th September 1996
Coming into force
7th October 1996
The Secretary of State for Social Security, in exercise of the powers conferred on him by sections 14(3), 97(5) and 116(1) of, and paragraphs 1 and 6 of Schedule 4 and paragraph 6 of Schedule 8 to, the Local Government Finance Act 1992(1), sections 5(1)(p), 189 and 191 of the Social Security Administration Act 1992(2), section 24 of the Criminal Justice Act 1991(3), section 146(6) of, and paragraph 6 of Schedule 4 to, the Local Government Finance Act 1988(4), and paragraph 7A of Schedule 2 to the Abolition of Domestic Rates Etc. (Scotland) Act 1987(5), and of all other powers enabling him in that behalf, by this instrument, which contains only regulations made by vitue of or consequential on paragraphs 10, 18, 21, 39, 75 and 76 of Schedule 2 to the Jobseekers Act 1995(6) and which is made before the end of the period of 6 months beginning with the coming into force of those enactments(7), hereby makes the following Regulations:
1.—(1) These Regulations, which may be cited as the Social Security (Jobseeker’s Allowance Consequential Amendments) (Deductions) Regulations 1996, shall come into force on 7th October 1996.
(2) In these Regulations—
“the Community Charges Regulations” means the Community Charges (Deductions from Income Support) (No. 2) Regulations 1990(8);
“the Community Charges (Scotland) Regulations” means the Community Charges (Deductions from Income Support) (Scotland) Regulations 1989(9);
“the Council Tax Regulations” means the Council Tax (Deductions from Income Support) Regulations 1993(10);
“the Fines Regulations” means the Fines (Deductions from Income Support) Regulations 1992(11).
2. In regulation 1(2) of the Community Charges (Scotland) Regulations—
(a)in the definition of “appropriate social security office” for the words “Department of Employment” there are substituted the words “Department for Education and Employment”, and for the words “unemployment benefit” there are substituted the words “jobseeker’s allowance and income support”;
(b)in the definition of “income support”, there are added at the end of the words “but does not include any back to work bonus under section 26 of the Jobseekers Act which is paid as income support;”;
(c)after that definition there are inserted the following definitions—
““Jobseekers Act” means the Jobseekers Act 1995(12);
“jobseeker’s allowance” means an allowance under Part I of the Jobseekers Act but does not include any back to work bonus under section 26 of that Act which is paid as jobseeker’s allowance;”;
(d)after the definition of “payments to third parties” there are inserted the following definitions—
““personal allowance for a couple where both members are aged not less than 18” means the amount specified in paragraph 1(3)(c) of Schedule 2 to the Income Support Regulations 1987(13), or, as the case may be, the amount specified in paragraph 1(3)(e) of Schedule 1 to the Jobseeker’s Allowance Regulations 1996(14);
“personal allowance for a single claimant aged not less than 25” means the amount specified in paragraph 1(1)(e) of Schedule 2 to the Income Support Regulations 1987, or, as the case may be, the amount specified in paragraph 1(1)(e) of Schedule 1 to the Jobseeker’s Allowance Regulations 1996;”.
3.—(1) For the heading of regulation 2 of the Community Charges (Scotland) Regulations there is substituted the following heading—
(2) Regulation 2 of the Community Charges (Scotland) Regulations(15) is amended in accordance with the following provisions of this regulation.
(3) In paragraph (1) after the words “income support” there are inserted the words “or jobseeker’s allowance”.
(4) In paragraph (2)(e) after the words “income support” there are inserted the words “or jobseeker’s allowance”.
(5) In paragraph (4)—
(a)in sub-paragraph (a) after the words “income support” in each place where they occur there are inserted the words “or income-based jobseeker’s allowance”;
(b)after sub-paragraph (a) there is inserted the following sub-paragraph—
“(aa)whether there is sufficient entitlement to contribution-based jobseeker’s allowance to enable the Secretary of State to make any deduction, and for this purpose the adjudication officer shall determine that there is sufficient entitlement if the amount of contribution-based jobseeker’s allowance payable before any deduction under these regulations is equal to or more than one-third of the age-related amount applicable to the debtor under section 4(1)(a) of the Jobseekers Act;”;
(c)in sub-paragraph (b) after the words “income support” there are inserted the words “or jobseeker’s allowance”.
4. After regulation 2 of the Community Charges (Scotland) Regulations there is inserted the following regulation—
2A.—(1) Where the adjudication officer has determined that there is sufficient entitlement to income-based jobseeker’s allowance, the Secretary of State may deduct—
(a)in a case to which regulation 2(4)(a)(i) applies, a sum equal to 5 per cent. of the personal allowance for a single claimant aged not less than 25; or
(b)in a case to which regulation 2(4)(a)(ii) applies, and subject to paragraph (4), a sum equal to 5 per cent. of the personal allowance for a couple where both members are aged not less than 18,
and pay that sum to the levying authority towards satisfaction of any outstanding sum which is or forms part of the amount in respect of which the summary warrant or decree was granted.
(2) Subject to paragraph (3), where the adjudication officer has determined that there is sufficient entitlement to contribution-based jobseeker’s allowance, the Secretary of State may deduct a sum equal to one-third of the age-related amount applicable to the debtor under section 4(1)(a) of the Jobseekers Act, and pay that sum to the levying authority towards satisfaction of any outstanding sum which is or forms part of the amount in respect of which the summary warrant or decree was granted.
(3) For the purposes of paragraph (2) where the sum that would otherwise fall to be deducted includes a fraction of a penny, the sum to be deducted shall be rounded down to the next whole penny.
(4) In a case to which paragraphs (1)(b) and (2) apply, deductions shall be made in accordance with paragraph (2).”.
5. In regulation 4 of the Community Charges (Scotland) Regulations(16) after the words “income support” in each place where they occur, other than in paragraph (1)(b), there are inserted the words “or jobseeker’s allowance”.
6. In regulation 1(2) of the Community Charges Regulations—
(a)in the definition of “appropriate social security office” for the words “Department of Employment” there are substituted the words “Department for Education and Employment”, and for the words “unemployment benefit” there are substituted the words “jobseeker’s allowance and income support”;
(b)in the definition of “income support”, there are added at the end the words “but does not include any back to work bonus under section 26 of the Jobseekers Act which is paid as income support;”;
(c)after that definition there are inserted the following definitions—
““Jobseekers Act” means the Jobseekers Act 1995(17);
“jobseeker’s allowance” means an allowance under Part I of the Jobseekers Act but does not include any back to work bonus under section 26 of that Act which is paid as jobseeker’s allowance;”.
7.—(1) For the heading of regulation 2 of the Community Charges Regulations there is substituted the following heading—
(2) Regulation 2 of the Community Charges Regulations(18) is amended in accordance with the following provisions of this regulation.
(3) In paragraph (1) after the words “income support” in each place where they occur there are inserted the words “or jobseeker’s allowance”.
(4) In paragraph (2)(e) after the words “income support” there are inserted the words “or jobseeker’s allowance”.
(5) In paragraph (4)—
(a)in sub-paragraph (a)—
(i)after the words “income support” in the first and last place where they occur, there are inserted the words “or income-based jobseeker’s allowance”;
(ii)in head (i), after the words “paragraph 1(1)(e)” there are inserted the words “or, as the case may be, paragraph 1(1)(e) of Schedule 1 to the Jobseeker’s Allowance Regulations 1996(19)”; and
(iii)in head (ii), after the words “income support” in the first place where they occur there are inserted the words “or income-based jobseeker’s allowance”, and after the words “paragraph 1(3)(c)” there are inserted the words “or, as the case may be, paragraph 1(3)(e) of Schedule 1 to the Jobseeker’s Allowance Regulations 1996”;
(b)after sub-paragraph (a) there is inserted the following sub-paragraph—
“(aa)whether there is sufficient entitlement to contribution-based jobseeker’s allowance to enable the Secretary of State to make any deduction, and for this purpose the adjudication officer shall determine that there is sufficient entitlement if the amount of contribution-based jobseeker’s allowance payable before any deduction under these regulations is equal to or more than one-third of the age-related amount applicable to the debtor under section 4(1)(a) of the Jobseekers Act;”;
(c)in sub-paragraph (b) after the words “income support” there are inserted the words “or jobseeker’s allowance”.
8. After regulation 2 of the Community Charges Regulations there is inserted the following regulation—
2A.—(1) Where the adjudication officer has determined that there is sufficient entitlement to income-based jobseeker’s allowance, the Secretary of State may deduct—
(a)in a case to which regulation 2(4)(a)(i) applies, a sum equal to 5 per cent. of the personal allowance for a single claimant aged not less than 25; or
(b)in a case to which regulation 2(4)(a)(ii) applies, and subject to paragraph (4), a sum equal to 5 per cent. of the personal allowance for a couple where both members are aged not less than 18,
and pay that sum to the authority towards satisfaction of any outstanding sum which is or forms part of the amount in respect of which the liability order was made.
(2) Subject to paragraph (3), where the adjudication officer has determined that there is sufficient entitlement to contribution-based jobseeker’s allowance, the Secretary of State may deduct a sum equal to one-third of the age-related amount applicable to the debtor under section 4(1)(a) of the Jobseekers Act, and pay that sum to the authority towards satisfaction of any outstanding sum which is or forms part of the amount in respect of which the liability order was made.
(3) For the purposes of paragraph (2) where the sum that would otherwise fall to be deducted includes a fraction of a penny, the sum to be deducted shall be rounded down to the next whole penny.
(4) In a case to which paragraphs (1)(b) and (2) apply, deductions shall be made in accordance with paragraph (2).”.
9. In regulation 4 of the Community Charges Regulations after the words “income support”, in each place where they occur, there are inserted the words “or jobseeker’s allowance”.
10. In regulation 1(2) of the Fines Regulations—
(a)in the definition of “benefit week” there are added at the end the words “or, as the case may be, regulation 1(3) of the Jobseeker’s Allowance Regulations 1996(20);”;
(b)after the definition of “5 per cent. of the personal allowance for a single claimant aged not less than 25” there is inserted the following definition—
““income support” means income support under Part VII of the Social Security Contributions and Benefits Act 1992(21), but does not include any back to work bonus under section 26 of the Jobseekers Act which is paid as income support;”;
(c)after the definition of “Income Support Regulations” there are inserted the following definitions—
““Jobseekers Act” means the Jobseekers Act 1995(22);
“jobseeker’s allowance” means an allowance under Part I of the Jobseekers Act but does not include any back to work bonus under section 26 of that Act which is paid as jobseeker’s allowance;”;
(d)in the definition of “personal allowance for a single claimant aged not less than 25” there are added at the end the words “or, as the case may be, the amount specified in paragraph 1(1)(e) of Schedule 1 to the Jobseeker’s Allowance Regulations 1996;”;
(e)in the definition of “social security office”, for the words “Department of Employment” there are substituted the words “Department for Education and Employment”, and for the words “unemployment benefit” there are substituted the words “jobseeker’s allowance and income support”.
11.—(1) For the heading of regulation 2 of the Fines Regulations there is substituted the following heading—
(2) In paragraph (1) of regulation 2 of the Fines Regulations after the words “income support” in each place where they occur there are inserted the words “or jobseeker’s allowance”.
12.—(1) Regulation 4 of the Fines Regulations(23) is amended in accordance with the following provisions of this regulation.
(2) In paragraph (1), after the words “income support” there are inserted the words “or jobseeker’s allowance”.
(3) In paragraph (2), after the words “income support”, in both places where they occur, there are inserted the words “or income-based jobseeker’s allowance”.
(4) After paragraph (2) there is inserted the following paragraph—
“(2A) The adjudication officer shall determine that there is sufficient entitlement to contribution-based jobseeker’s allowance to enable the Secretary of State to make a deduction if the amount of contribution-based jobseeker’s allowance payable before any deduction under these regulations is equal to or more than one-third of the age-related amount applicable to the offender under section 4(1)(a) of the Jobseekers Act.”.
(5) In paragraph (3), after the words “income support” there are inserted the words “or jobseeker’s allowance”.
13.—(1) For the heading of regulation 6 of the Fines Regulations there is substituted the following heading—
(2) In regulation 6 of the Fines Regulations after the words “income support” there are inserted the words “or income-based jobseeker’s allowance”.
14. After regulation 6 of the Fines Regulations there is inserted the following regulation—
6A.—(1) Subject to paragraphs (2) and (3), where the adjudication officer has determined that there is sufficient entitlement to contribution-based jobseeker’s allowance, the Secretary of State may deduct a sum equal to one-third of the age-related amount applicable to the offender under section 4(1)(a) of the Jobseekers Act, and pay that sum to the court towards satisfaction of the fine or the sum required to be paid by the compensation order.
(2) No deduction shall be made under this regulation where a deduction is being made from the offender’s contribution-based jobseeker’s allowance under the Community Charges (Deductions from Income Support) (No. 2) Regulations 1990(24), the Community Charges (Deductions from Income Support) (Scotland) Regulations 1989(25) or the Council Tax (Deductions from Income Support) Regulations 1993(26).
(3) Where the sum that would otherwise fall to be deducted under this regulation includes a fraction of a penny, the sum to be deducted shall be rounded down to the next whole penny.”.
15.—(1) Regulation 7 of the Fines Regulations is amended in accordance with the following provisions of this regulation.
(2) In paragraph (1)—
(a)after the words “income support” in both places where they occur there are inserted the words “or jobseeker’s allowance”; and
(b)after the words “regulation 6” there are inserted the words “or 6A”.
(3) In paragraphs (2), (3), (4) and (6) after the words “income support” in each place where they occur there are inserted the words “or jobseeker’s allowance”.
16. In Schedule 3 to the Fines Regulations (form of application)—
(a)after the words “by way of income support” there are inserted the words “/jobseeker’s allowance*”; and
(b)at the end of the form there are inserted the words “*Delete words not applicable”.
17. In regulation 1(2) of the Council Tax Regulations—
(a)in the definition of “benefit week” there are added at the end the words “or, as the case may be, regulation 1(3) of the Jobseeker’s Allowance Regulations 1996(27);”;
(b)in the definition of “income support”, there are added at the end the words “but does not include any back to work bonus under section 26 of the Jobseekers Act which is paid as income support;”;
(c)after that definition there are inserted the following definitions—
““Jobseekers Act” means the Jobseekers Act 1995(28);
“jobseeker’s allowance” means an allowance under Part I of the Jobseekers Act but does not include any back to work bonus under section 26 of that Act which is paid as jobseeker’s allowance;”;
(d)in the definition of “personal allowance for a single claimant aged not less than 25” there are added at the end the words “or, as the case may be, the amount specified in paragraph 1(1)(e) of Schedule 1 to the Jobseeker’s Allowance Regulations 1996;”;
(e)in the definition of “social security office”, for the words “Department of Employment” there are substituted the words “Department for Education and Employment”, and for the words “unemployment benefit” there are substituted the words “jobseeker’s allowance and income support”.
18.—(1) For the heading of regulation 2 of the Council Tax Regulations there is substituted the following heading—
(2) In regulation 2 of the Council Tax Regulations after the words “income support” in each place where they occur there are inserted the words “or jobseeker’s allowance”.
19.—(1) For the heading of regulation 3 of the Council Tax Regulations there is substituted the following heading—
(2) In regulation 3(29) of the Council Tax Regulations after the words “income support” in each place where they occur there are inserted the words “or jobseeker’s allowance”.
20. In regulation 4(1)(f) of the Council Tax Regulations after the words “income support” there are inserted the words “or jobseeker’s allowance”.
21.—(1) Regulation 5 of the Council Tax Regulations is amended in accordance with the following provisions of this regulation.
(2) In paragraph (1) after the words “income support” there are inserted the words “or jobseeker’s allowance”.
(3) In paragraph (2) after the words “income support”, in both places where they occur, there are inserted the words “or income-based jobseeker’s allowance”.
(4) After paragraph (2) there is inserted the following paragraph—
“(2A) The adjudication officer shall determine that there is sufficient entitlement to contribution-based jobseeker’s allowance to enable the Secretary of State to make a deduction if the amount of contribution-based jobseeker’s allowance payable before any deduction under these regulations is equal to or more than one-third of the age-related amount applicable to the debtor under section 4(1)(a) of the Jobseekers Act.”.
(5) In paragraph (3) after the words “income support” there are inserted the words “or jobseeker’s allowance”.
22.—(1) For the heading of regulation 7 of the Council Tax Regulations there is substituted the following heading—
(2) In regulation 7 of the Council Tax Regulations after the words “income support” there are inserted the words “or income-based jobseeker’s allowance”.
23. After regulation 7 of the Council Tax Regulations there is inserted the following regulation—
7A.—(1) Subject to paragraph (2), where the adjudication officer has determined that there is sufficient entitlement to contribution-based jobseeker’s allowance, the Secretary of State may deduct a sum equal to one-third of the age-related amount applicable to the debtor under section 4(1)(a) of the Jobseekers Act, and pay that sum to the authority towards satisfaction of any outstanding sum which is or forms part of the amount in respect of which the liability order was made or the summary warrant or decree was granted.
(2) Where the sum that would otherwise fall to be deducted under this regulation includes a fraction of a penny, the sum to be deducted shall be rounded down to the next whole penny.”.
24.—(1) Regulation 8 of the Council Tax Regulations is amended in accordance with the following provisions of this regulation.
(2) In paragraph (1)—
(a)for the words “income support under regulation 7” there are substituted the words “income support or jobseeker’s allowance under regulation 7 or 7A”; and
(b)in sub-paragraph (a) after the words “income support” there are inserted the words “or jobseeker’s allowance”.
(3) In paragraphs (2), (3) and (5) after the words “income support” in each place where they occur there are inserted the words “or jobseeker’s allowance”.
25.—(1) Schedule 9 to the Social Security (Claims and Payments) Regulations 1987(30) (deductions from benefit and direct payment to third parties) is amended in accordance with the following provisions of this regulation.
(2) In paragraph 1(1)(31), after the definition of “the Community Charges (Scotland) Regulations” there is inserted the following definition—
““contribution-based jobseeker’s allowance” means any contribution-based jobseeker’s allowance which does not fall within the definition of “specified benefit(32)”;”.
(3) After paragraph 7A(33) there is inserted the following paragraph—
7B.—(1) Where a beneficiary is entitled to contribution-based jobseeker’s allowance and an arrears notice has been served on the beneficiary, the Secretary of State may request in writing that an amount in respect of arrears of child support maintenance be deducted from the beneficiary’s jobseeker’s allowance.
(2) Where a request is made in accordance with sub-paragraph (1), the adjudicating authority shall determine that an amount in respect of the arrears of child support maintenance shall be deducted from the beneficiary’s jobseeker’s allowance for transmission to the person entitled to it.
(3) Subject to sub-paragraphs (4) and (5), the amount to be deducted under sub-paragraph (2) shall be the weekly amount requested by the Secretary of State, subject to a maximum of one-third of the age-related amount applicable to the beneficiary under section 4(1)(a) of the Jobseekers Act.
(4) No deduction shall be made under this paragraph where a deduction is being made from the beneficiary’s contribution-based jobseeker’s allowance under the Community Charges Regulations, the Community Charges (Scotland) Regulations, the Fines Regulations or the Council Tax Regulations.
(5) Where the sum that would otherwise fall to be deducted under this paragraph includes a fraction of a penny, the sum to be deducted shall be rounded down to the next whole penny.
(6) In this paragraph—
“arrears notice” means a notice served in accordance with regulation 2(2) of the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations 1992(34); and
“child support maintenance” means such periodical payments as are referred to in section 3(6) of the Child Support Act 1991(35).”
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parlimentary Under-Secretary of State,
Department of Social Security
10th September 1996
(This note is not part of the Regulations)
These Regulations amend the Community Charges (Deductions from Income Support) (Scotland) Regulations 1989, the Community Charges (Deductions from Income Support) (No. 2) Regulations 1990, the Fines (Deductions from Income Support) Regulations 1992 and the Council Tax (Deductions from Income Support) Regulations 1993, which provide that deductions may be made from a person’s income support and paid towards arrears of community charges or council tax, or towards fines or compensation orders imposed by a court. The regulations are amended so that deductions can also be made from jobseeker’s allowance.
These Regulations also amend the Social Security (Claims and Payments) Regulations 1987 to provide that deductions in respect of arrears of child support maintenance can be made from a person’s contribution-based jobseeker’s allowance.
These Regulations do not impose any costs on business.
1992 c. 14; paragraph 6 of Schedule 4 and paragraph 6 of Schedule 8 were amended by the Jobseekers Act 1995 (c. 18), Schedule 2, paragraphs 75 and 76 respectively. Section 116(1) is an interpretation section and is cited for the definition of “prescribed”.
1992 c. 5; section 191 is an interpretation provision and is cited for the definition of “prescribe”. Section 5 was amended by the Jobseekers Act 1995, Schedule 2 paragraph 39.
1991 c. 53; section 24 was amended by the Jobseekers Act 1995, Schedule 2 paragraph 21.
1988 c. 41 ( “the 1988 Act”); section 146(6) is cited for the definition of “prescribed”. Paragraph 6 of Schedule 4 was repealed by Schedule 14 of the Local Government Finance Act 1992, but continues to have effect for the purposes of amending the Community Charges (Deductions from Income Support) (No. 2) Regulations 1990 (S.I. 1990/545) by virtue of Article 2 of the Local Government Finance Act 1992 (Recovery of Community Charge) Saving Order 1993 (S.I. 1993/1780). Paragraph 6 of Schedule 4 to the 1988 Act, as continued in effect by virtue of that Order, was amended by paragraph 18 of Schedule 2 to the Jobseekers Act 1995.
1987 c. 47 ( “the 1987 Act”); paragraph 7A was inserted by paragraph 36(10) of Schedule 12 to the Local Government Finance Act 1988. The 1987 Act was repealed by Schedule 14 of the Local Government Finance Act 1992 but paragraph 7A of Schedule 2 continues to have effect for the purposes of amending the Community Charges (Deductions from Income Support) (Scotland) Regulations 1989 (S.I. 1989/507 (S.59)) by virtue of Article 2 of the Local Government Finance Act 1992 (Recovery of Community Charge) Saving Order 1993. Paragraph 7A of Schedule 2 to the 1987 Act, as continued in effect by virtue of that Order, was amended by paragraph 10 of Schedule 2 to the Jobseekers Act 1995.
See section 173(5)(b) of the Social Security Administration Act 1992.
S.I. 1990/545.
S.I. 1989/507.
S.I. 1993/494.
S.I. 1992/2182.
S.I. 1987/1967.
S.I. 1996/207.
S.I. 1996/207.
S.I. 1996/207.
Relevant amending instrument is S.I. 1993/495.
S.I. 1996/207.
S.I. 1987/1968.
The definition of “specified benefit” was substituted by S.I. 1996/672 and amended by S.I. 1996/1460.
Paragraph 7A was inserted by S.I. 1993/478.
S.I. 1992/1816.